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Sanders v. Wilson

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 5, 2014
553 F. App'x 350 (4th Cir. 2014)

Opinion

No. 13-7320

02-05-2014

RONALD CHRISTOPHER SANDERS, Petitioner - Appellant, v. WARDEN ERIC WILSON, Respondent - Appellee.

Ronald Christopher Sanders, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:13-cv-00892-AJT-TRJ) Before NIEMEYER, MOTZ, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Christopher Sanders, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Ronald Christopher Sanders seeks to appeal the district court's order construing his 28 U.S.C. § 2241 (2012) petition as a successive 28 U.S.C.A. § 2255 (West Supp. 2013) motion and dismissing it as unauthorized. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude that Sanders has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED


Summaries of

Sanders v. Wilson

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 5, 2014
553 F. App'x 350 (4th Cir. 2014)
Case details for

Sanders v. Wilson

Case Details

Full title:RONALD CHRISTOPHER SANDERS, Petitioner - Appellant, v. WARDEN ERIC WILSON…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Feb 5, 2014

Citations

553 F. App'x 350 (4th Cir. 2014)